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The Realist Conception of Law

Hanoch Dagan

in Reconstructing American Legal Realism & Rethinking Private Law Theory

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199890699
eISBN:
9780199367689
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199890699.003.0002
Subject:
Law, Philosophy of Law

This chapter reconstructs the realist conception of law. It attempts to revive the legal realists' rich account of law as an ongoing institution (or set of institutions) that accommodates three sets ... More


A Tale of Two Movements

in Legal Realism Regained: Saving Realism from Critical Acclaim

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756594
eISBN:
9780804787529
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756594.003.0001
Subject:
Law, Philosophy of Law

This book is a study of two twentieth-century schools of American legal theory and their relationship—legal realism and critical legal studies (CLS). This chapter provides a brief history of the ... More


Reconstructing American Legal Realism & Rethinking Private Law Theory

Hanoch Dagan

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199890699
eISBN:
9780199367689
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199890699.001.0001
Subject:
Law, Philosophy of Law

In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can ... More


Night of the Living Dead: Legal Realist Anticonceptualism

in Legal Realism Regained: Saving Realism from Critical Acclaim

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756594
eISBN:
9780804787529
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756594.003.0006
Subject:
Law, Philosophy of Law

This chapter focuses on the contemporary sources of realist anticonceptualism and how these were put in realist legal theory. It discusses the linguistic theory of Charles Ogden and I. A. Richards, ... More


Pound and Frank

Daniel R. Ernst

in Tocqueville’s Nightmare: The Administrative State Emerges in America, 1900-1940

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199920860
eISBN:
9780199377206
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199920860.003.0006
Subject:
Political Science, American Politics

Events in New York proved to be a dress rehearsal for the Walter-Logan bill, introduced in Congress in 1939 and vetoed by FDR late the following year. The American Bar Association had developed the ... More


Economy-class Justice

Richard Susskind

in Online Courts and the Future of Justice

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198838364
eISBN:
9780191932397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198838364.003.0022
Subject:
Law, Legal Profession and Ethics

One plausible and common concern about online courts, ventilated within and beyond the legal fraternity, is that these systems are, essentially, for people of limited means. They will provide them ... More


Transparency

Richard Susskind

in Online Courts and the Future of Justice

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198838364
eISBN:
9780191932397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198838364.003.0023
Subject:
Law, Legal Profession and Ethics

Two related and often heartfelt objections to online courts should be disentangled. Both focus on the absence of a physical courtroom. One is that online courts are insufficiently transparent and ... More


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